2002 (7) TMI 718 - AT - Central Excise

Summary

Issues:
Appeal against order-in-appeal modifying order-in-original regarding misutilization of Modvat credit and seizure of goods.

Analysis:
The appellants, engaged in manufacturing Ball Bearings, faced allegations of misutilizing Modvat credit and seizure of goods during a visit by Central Excise Preventive Officers. The physical stock taking revealed excess Ball Bearings and misutilization of credit amounting to Rs. 8,17,206 between January to June 1998. The appellants disputed the seizure and the lack of a machine for complete manufacture of Ball Bearings at their factory in Patparganj, claiming they were only doing job work for their unit at Badarpur. The Asstt. Commissioner confirmed the demand, ordered confiscation of goods, and imposed penalties, which were modified by the Commissioner (Appeals) who vacated the confiscation and reduced the penalties.

Upon hearing both sides and examining the facts, the Tribunal found the disallowance of Modvat credit unjustified as there was no concrete evidence to prove the appellants did not possess a machine for complete manufacture of Ball Bearings. The appellants clarified they had a machine used by both units at Patparganj and Badarpur for polishing and grinding, with no proof they were solely doing job work for Badarpur. The Patparganj unit was independently registered, cleared goods on payment of duty, and filed RT 12 returns, making them eligible for Modvat credit on duty paid inputs. As there was no evidence of clandestine clearance without duty payment, the Tribunal set aside the Commissioner (Appeals) order.

Conclusively, the Tribunal allowed the appeal of the appellants, granting consequential relief based on the lack of substantial evidence supporting the disallowance of Modvat credit and the allegations of improper manufacture and clearance of Ball Bearings.